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Apr 20, 2013
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he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this device. they want to know why these people did this and more importantly, how they went about doing it, any other people of foreign or domestic, they were in contact with and if he starts to talk, that will obviously help the investigation tremendously. >> anderson, you've done a great job today. thank you very much for now. i want to turn to cnn's brian todd in watertown, who shot exclusive video of the boat while the bombing suspect was still inside it. brian, a quite dramatic end game here to what has been an appalling few days for the people of wat
he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this...
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May 1, 2013
05/13
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the last time a judge became involved the judge gave the miranda warnings. these people may be seen more as witnesses. >> witnesses you don't usually hear suspects brought in arrested. >> they may be suspects, but they still may be sources of information, and the fbi may decide -- this will create tension between the fbi and prosecutes as to how quickly to mirandize them and lawyered up and how quickly to stop whatever interrogation is going on. it will create convicts between lawyers and the fbi. >> about the only thing remaining that could possibly be argued about the public safety exception is are there other coconspirators out there making threats? do we know where they are? not if there are bombs. it's possible. we don't know about other explosives. >> if these suspects are considered to be those of coconspirator nature, there would be no public safety issue. there would be no additional 48 hours. >> 48 hours is a myth. >> it's never been tested by the supreme court. >> never been articulated by the supreme court from what i know. the other thing is eve
the last time a judge became involved the judge gave the miranda warnings. these people may be seen more as witnesses. >> witnesses you don't usually hear suspects brought in arrested. >> they may be suspects, but they still may be sources of information, and the fbi may decide -- this will create tension between the fbi and prosecutes as to how quickly to mirandize them and lawyered up and how quickly to stop whatever interrogation is going on. it will create convicts between...
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Apr 22, 2013
04/13
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, remember miranda only excludes the actual statement itself. but if the statements were obtained involuntarily as a result of the sedation, not only can't they use the statements in court, but they can't use any of the fruits of those poison trees. so if they get any leads, they can't use those against this defendant. now, they can use it against others. they can use it for general intelligence gathering. so i agree with jeffrey that they may be making a calculated decision to risk any statements of confessions or intention in order to preserve the greater good of getting realtime intelligence information. >> and public safety which cannot be discounted at this time, that fruit of the poisonous tree so critical in this investigation. alan and jeffrey, standby if you will. we're going to delve a lot deeper into the details in the hour ahead. and also within the past hour a funeral mass concluded for one of the three people who was killed in last week's explosions. there were a lot of mourners packing into st. joseph's church in the boston suburb
, remember miranda only excludes the actual statement itself. but if the statements were obtained involuntarily as a result of the sedation, not only can't they use the statements in court, but they can't use any of the fruits of those poison trees. so if they get any leads, they can't use those against this defendant. now, they can use it against others. they can use it for general intelligence gathering. so i agree with jeffrey that they may be making a calculated decision to risk any...
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Apr 20, 2013
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so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst, peter bergen, joining us. peter has written extensively on al qaeda and osama bin laden. peter, i appreciate you joining us. what are the questions that you are most interested in learning about these two, in particular about motivation and their operational capability? >> well, first of all, anderson, i think it's very interesting that they were able to detonate two bombs almost simultaneously. i think that's pretty hard. it suggests either practice in the united states or training elsewhere or perhaps both. we've had terrorists who have gone overseas who have tried to d
so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst,...
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Apr 22, 2013
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the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there has been some suggestion that can only last maybe 48 hours or so if he's formally named an enemy combatant, that would go on for days if not weeks. i guess that's the distinction. >> it's the length of time. right. the enemy combatant, if that designation were made, could go on for weeks or even months. but i just think it's important to emphasize that the obama administration has absolutely not considered that, has not considered that approach, and every terrorism suspect under either the george w. bush administration or the obama administration who was arrested on american soil has been treated as a criminal defendant in the united states courts. senator graham's proposal would an complete departure from that approach and i don't think there's any indication that's going to happen.that approach a there's any indication that's going to happen. >> and he's a naturalized u.s. citizen. only 19. but last
the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there has been some suggestion that can only last maybe 48 hours or so if he's formally named an enemy combatant, that would go on for days if not weeks. i guess that's the distinction. >> it's the length of time. right. the enemy combatant, if that designation were made, could go on for weeks or even...
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Apr 22, 2013
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. >> so all of that talk of some sort of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over. and you're right, the enemy combatant thing was a nonstarter from the never going to happen. this is a criminal case in federal court in massachusetts, and that's where it will stay until it's resolved one way or another. >> it's going to take a while. thanks very much, jeffrey. much more on what's going on in this boston investigation coming up here in "the situation room" 0. >>> also, another terror plot released today, new information. canadian authorities announcing the arrest of two men believed to be part of a terror plot to attack a passenger train that may have been heading towards the united states,
. >> so all of that talk of some sort of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over....
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Apr 20, 2013
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doj official says on background that, again, the suspect is in custody, is alive and that no miranda warning is going to be given. that the public safety exception is being invoked by the department of justice and law enforcement. in order to do a limited and focused interrogation. this is done, in part, when they want to make sure there's no continuing imminent threat. >> and, again, legally, does this in any way imperil their case later if they don't have a miranda warning. >> reporter: now, again, i'm not an attorney, but what this source told me is this is the only recognized exception. in this case, seen or taken by the supreme court. >> and dick clark, weigh in on that, please. >> i'm not a lawyer, either, but my understanding is that any information he gives them, prior to getting his miranda rights probably cannot be used against him in a court of law, but it seems to me they've got enough information against him already. >> i was asking you earlier who would go in the room, what kind of people, how they would talk to him. and they will be recording every single thing that ha
doj official says on background that, again, the suspect is in custody, is alive and that no miranda warning is going to be given. that the public safety exception is being invoked by the department of justice and law enforcement. in order to do a limited and focused interrogation. this is done, in part, when they want to make sure there's no continuing imminent threat. >> and, again, legally, does this in any way imperil their case later if they don't have a miranda warning. >>...
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Apr 20, 2013
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dzhokhar tsarnaev will not be read his miranda rights before he's questioned. once he's physically able to answer questions. as far as we know, he's still in too bad of shape to answer law enforcement questions at all. in terms of what he is waiting for, for his miranda, you know it from law and order, right? you have the right to remain silent, anything you say or do may be used against you in a court of law, you have the right to consult an attorney and to have an attorney present during questioning. if you cannot afford an attorney, one will be appointed for you before any questioning if you wish. if you decide to answer any questions without an attorney present, you have the right to stop answering at any time until you talk to an attorney knowing and understanding your rights as i explain them to you, are you willing to answer my questions without an attorney present. it is not always exactly like that. in the movies, the person saying it usually has a much cooler accent. but that's pretty much the idea. the idea is that your statements are only admissible
dzhokhar tsarnaev will not be read his miranda rights before he's questioned. once he's physically able to answer questions. as far as we know, he's still in too bad of shape to answer law enforcement questions at all. in terms of what he is waiting for, for his miranda, you know it from law and order, right? you have the right to remain silent, anything you say or do may be used against you in a court of law, you have the right to consult an attorney and to have an attorney present during...
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May 17, 2013
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rights, because wasn't one of the things about the miranda rights they weren't admissible? >> potentially. if he had not been mirandized, those statements might not have been admissible. i've always thought that miranda issue was sort of a red herring. this case is not a whodunit. there will be abundant evidence that he did this. but if you have this scrawled note, that's potentially even better and more dramatic evidence than anything he might have said to the cops from the hospital. >> if it becomes a death penalty case, this level of premeditation could impact that. >> extremely important for death penalty case. i mean, all the issues that come up in the death penalty case, premeditation, callousness, you know, really intending to kill people, that note would seem to be very directly relevant on all those issues. >> if the investigation, though, doesn't go as the authorities hope, and they're not able to piece together all the parts of the puzzle, they might still offer him a deal, take the death penalty off the table. >> they might. they might. this is still early in th
rights, because wasn't one of the things about the miranda rights they weren't admissible? >> potentially. if he had not been mirandized, those statements might not have been admissible. i've always thought that miranda issue was sort of a red herring. this case is not a whodunit. there will be abundant evidence that he did this. but if you have this scrawled note, that's potentially even better and more dramatic evidence than anything he might have said to the cops from the hospital....
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now miranda is taking legal action against the british government. joining me now from london is our cnn senior international correspondent matthew chance. matthew, this seems to be getting pretty ugly with glenn greenwald focusing his energies on releasing information pertaining to london. >> reporter: they haven't released reaction to that threat. glenn greenwald has an e-mail to reuters news agency that said he would not be releasing any documents he wasn't otherwise going to publish as an act of revenge. he's been seeking to play that down. there has been reaction here to the detention of david miranda both from british authorities who say it was totally justified and from human rights activists who say this was something that was unnecessary and abuse of anti-terrorism laws in this country. as you mentioned, of course, the lawyers representing david miranda say they will be challenging that detention in the courts very shortly. >> what are people there saying about this? do they feel as though this is legitimate that this person was detained und
now miranda is taking legal action against the british government. joining me now from london is our cnn senior international correspondent matthew chance. matthew, this seems to be getting pretty ugly with glenn greenwald focusing his energies on releasing information pertaining to london. >> reporter: they haven't released reaction to that threat. glenn greenwald has an e-mail to reuters news agency that said he would not be releasing any documents he wasn't otherwise going to publish...
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. >>> up next, was the surviving suspect read his miranda rights too soon? what impact will it have on the investigation? we'll talk about that and more with our senior legal analyst, jeffrey toobin. >>> bomb-sniffing dogs, will new technology soon put them out of technology soon put them out of a job? s. we've reduced taxes and lowered costs to save businesses more than two billion dollars to grow jobs, cut middle class income taxes to the lowest rate in sixty years, and we're creating tax free zones for business startups. the new new york is working creating tens of thousands of new businesses, and we're just getting started. to grow or start your business visit thenewny.com great first gig! let's go! party! awwwww... arigato! we are outta here! party...... finding you the perfect place, every step of the way. hotels.com >>> new concerns are being raised about dzhokhar tsarnaev's interrogation and whether it was handled the right way. federal investigations questioned him for about 16 hours after his capture last friday, without reading his miranda rights.
. >>> up next, was the surviving suspect read his miranda rights too soon? what impact will it have on the investigation? we'll talk about that and more with our senior legal analyst, jeffrey toobin. >>> bomb-sniffing dogs, will new technology soon put them out of technology soon put them out of a job? s. we've reduced taxes and lowered costs to save businesses more than two billion dollars to grow jobs, cut middle class income taxes to the lowest rate in sixty years, and...
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Jun 21, 2013
06/13
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two they saw them and once they read me my miranda rights and i gave them a fake id saying i was laser safety officer and the secret service bought that. that was probably the crime. >> you are completely -- >> it turns out these bills actually meet the specs of the u.s. government so by law they are u.s. legal tender. >> you got eight there. what would you sell them for? >> all over the world ill sold them for $5 a sheet. >> so you would sell me $8 worth for $5? >> yeah, four of these bills for $5. >> why would i not buy this entire pad now and make 100 buck? >> there is so many people around, i want to spread the joy. i'll sell you one. >> let's talk about the edward snowden whistle blowing story, the nsa thing. are you a fan of somebody like edward snowden? >> yes, i'm not going -- you know, there are some people that just take sides in the world and i'm always against anything government, you know, any three letter agency or for them because i'm on the opposite side and i'm not like that. i try to say what is happening here but i felt about edward snowden about daniel ellsberg, cha
two they saw them and once they read me my miranda rights and i gave them a fake id saying i was laser safety officer and the secret service bought that. that was probably the crime. >> you are completely -- >> it turns out these bills actually meet the specs of the u.s. government so by law they are u.s. legal tender. >> you got eight there. what would you sell them for? >> all over the world ill sold them for $5 a sheet. >> so you would sell me $8 worth for $5?...
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attorney was asked, was he given the miranda warning. we understand there's a public safety exception. is a new wrinkle in counterterrorism operations. you know, for years law enforcement officers have been told the minute you arrest someone, the first thing do you before you ask them anything is read them their miranda rights. everyone who watched a mystery show can recite them. in this case, amid the controversy of whether they should be enemy combatants and held by the military because they're terrorists or whether they should be handled through the criminal justice system, they have adjusted that slightly to say when you have a terrorist in custody, you skip the miranda warning in the beginning on the public safety exception. you get to any questions that have to do with is there any danger right now? are there explosives devices? hazardous material? some plot you can tell us abouts this still unfolding against another target? when you have gotten through the exigent part of the public safety piece, then you revert back to all right,
attorney was asked, was he given the miranda warning. we understand there's a public safety exception. is a new wrinkle in counterterrorism operations. you know, for years law enforcement officers have been told the minute you arrest someone, the first thing do you before you ask them anything is read them their miranda rights. everyone who watched a mystery show can recite them. in this case, amid the controversy of whether they should be enemy combatants and held by the military because...
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May 1, 2013
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this is the same judge miriam boller, who administered the miranda rights to dzhokhar tsarnaev in the hospital last monday, so interesting to note there. during both of these hearings, that the three suspects who are all three 19 years old, looked very downtrodden. they walked in with chains around their feet. they were handcuffed. they didn't make eye contact with anyone and looked down a lot hence the statement from judge boller, talking to phillipos. during the hearing, the judge made them aware of the federal charges they face for the two students, the diaz kadyrbayev and tazhayakov facing conspiracy to obstruct justice. she told them the charges and asked if they understood. they were very soft spoken when they responded yes and the same thing happened with phillipos. when it came time to talk about the questions for bail, all the attorneys decided to waive this, to waive the detention hearing and, instead, have more time. and i spoke to the attorneys for two of the suspects and they said they wanted more time to put together a bail package so what this means is that they opted a
this is the same judge miriam boller, who administered the miranda rights to dzhokhar tsarnaev in the hospital last monday, so interesting to note there. during both of these hearings, that the three suspects who are all three 19 years old, looked very downtrodden. they walked in with chains around their feet. they were handcuffed. they didn't make eye contact with anyone and looked down a lot hence the statement from judge boller, talking to phillipos. during the hearing, the judge made them...
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Mar 8, 2013
03/13
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did he receive his miranda warnings. one of the major differences between a criminal court and military tribunal relates potentially at least to miranda warnings. in a criminal court, the statement is only admissible if he had received his miranda warnings. there are ways in military tribunals to admit those statements even if they were not given. >> and even if you're interrogated and you get that information via the water board, you can use it in guantanamo, you can't use it here. >> i don't think that's true. you cannot use information obtained by torture in guantanamo. >> but that's enhanced interrogation and that's fair game. >> i think the government has said they will not attempt even against major figures like khalid shaikh mohammed to use information that was obtained through water ready boarding. >> so before we get so excited about who this guy is and how he might see justice,eady boarding. >> so before we get so excited about who this guy is and how he might see justice,ady boarding. >> so before we get so ex
did he receive his miranda warnings. one of the major differences between a criminal court and military tribunal relates potentially at least to miranda warnings. in a criminal court, the statement is only admissible if he had received his miranda warnings. there are ways in military tribunals to admit those statements even if they were not given. >> and even if you're interrogated and you get that information via the water board, you can use it in guantanamo, you can't use it here....
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custody there are situations now where a lot of people would say, you don't need to read miranda rights right away. this decision -- if a very strong suspect is picked up or somebody could provide significant information, i think that decision, whether or not to mirandize could be -- >> presumably as the fbi is going through this, they are looking to make sure there are no secondary attacks, first priority, right, imminent threat. >> absolutely. >> and second of all, to make sure they maintain the possibility of ultimately getting a criminal conviction? >> absolutely. >> joining us is an eyewitness to the bombing. he ran the marathon and was in the medical tent when the explosions happened. joining us by phone from boston. describe what you were doing in the medical tent at what time and what the scene there was like. >> yeah. the first thing, this was wave three, so i was running -- i was a charity runner, so we started at approximately 10:40 a.m. then i finished just under four, my first under four, thus i pushed pretty hard mile 25 and 26. that means i was pretty winded, dizzy and fe
custody there are situations now where a lot of people would say, you don't need to read miranda rights right away. this decision -- if a very strong suspect is picked up or somebody could provide significant information, i think that decision, whether or not to mirandize could be -- >> presumably as the fbi is going through this, they are looking to make sure there are no secondary attacks, first priority, right, imminent threat. >> absolutely. >> and second of all, to make...
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enforcement and criminal justice, why didn't he know about one of the fundamental bedrocks, which is miranda? don't talk to the police. that made him credible. >> he was too smart for them. >> that's part of the master plan -- >> oh, gosh, sunny. one minute he's not smart -- >> the master plan to go hunt down a kid in your neighborhood included being on the phone with 911 while you do it. then talking to the police five times with your substantial education of criminal justice. >> i don't know about that. >> it just doesn't work, sunny. >> we've got a lot more to talk about. ahead of a decisive weekend. we'll big deeper, the women on the jury, who they are, how their backgrounds may factor into their decision. and martin savidge's interview with mark o'hara. and what he called a racial smear campaign is why he was arrested. we'll be right back. i'm the next american success story. working for a company where over seventy-five percent of store management started as hourly associates. there's opportunity here. i can use walmart's education benefits to get a degree, maybe work in it, or be an e
enforcement and criminal justice, why didn't he know about one of the fundamental bedrocks, which is miranda? don't talk to the police. that made him credible. >> he was too smart for them. >> that's part of the master plan -- >> oh, gosh, sunny. one minute he's not smart -- >> the master plan to go hunt down a kid in your neighborhood included being on the phone with 911 while you do it. then talking to the police five times with your substantial education of criminal...
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Apr 21, 2013
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the aclu released a statement saying that denying miranda rights is un-american. but there is an exception to the miranda rule if there's a continued threat to public safety. the question everyone wants an answer to now lies with 19-year-old dzhokhar tsarnaev, a naturalized u.s. citizen who's recovering in the hospital. namely, what was behind the attack at the boston marathon. terrorism expert neil smeltser at uc berkeley says the first questions investigators will likely ask tsarnaev will have to do with the motive. >> first psychological is is this some kind of a wayward nut like columbine or some of the school shooters apparently have been? what are the linkages? where's this guy -- who's this guy been linked up to? >> reporter: investigators will also want to know if the 19-year-old suspect planted any other explosives anywhere or if others were involved in the plot. the director of the american civil liberties union reacted to the administration's decision not to immediately mirandize tsarnaev by saying, "every criminal defendant is entitled to be read miran
the aclu released a statement saying that denying miranda rights is un-american. but there is an exception to the miranda rule if there's a continued threat to public safety. the question everyone wants an answer to now lies with 19-year-old dzhokhar tsarnaev, a naturalized u.s. citizen who's recovering in the hospital. namely, what was behind the attack at the boston marathon. terrorism expert neil smeltser at uc berkeley says the first questions investigators will likely ask tsarnaev will...
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Apr 21, 2013
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these are only questions that can be obtained if he does not get his miranda rights. even though, there's the public safety exception. that's going to expire in 48 hours, and after that, he can lawyer up and refuse to speak. right now is the only opportunity to go into the treasure trove of information that only he has. >> excuse me, congressman. i do want to get to the intelligence because i know you both have been briefed by the administration this week. senator feinstein, what can you tell us about the plot at this point? was there any foreign involvement, and especially, what do you know, if anything, about the older brother, tamerlan's trip to russia last year? >> we do not know specifics. however, we do know there was very likely a call from russia before he went back to dagistan and chechnya asking about it. i think just conjecture would lead one to believe this may have come from running jihadist sites on his website. anyway, he went home for six months. that's a lapse. we will find out what happened during those six months. i think there is likely going to be
these are only questions that can be obtained if he does not get his miranda rights. even though, there's the public safety exception. that's going to expire in 48 hours, and after that, he can lawyer up and refuse to speak. right now is the only opportunity to go into the treasure trove of information that only he has. >> excuse me, congressman. i do want to get to the intelligence because i know you both have been briefed by the administration this week. senator feinstein, what can you...
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Apr 20, 2013
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in terms of what he is waiting for from his miranda. you know it from "law and order." you have the right to remain silent. you have the right to consult an attorney before speaking to the police. if you cannot afford an attorney one will be appointed for you before any questions if you wish. if you decide to answer any questions without an attorney you will still have the right to stop answering. are you willing to answer my questions without an attorney present? it's not always exactly like that and in the movies the person saying it usually has a much cooler accent but that's pretty much the idea. your statements are only admissible in court if they come after you've been told that list of things about your rights. there is a public safety exception for questions that just had to be asked of you urgently for legitimate public safety need even if those questions came before you got read the miranda. the obama administration has extended the reach of that public safety exemption so it can last longer to attend to the public safety threats that could accrue in terrorism
in terms of what he is waiting for from his miranda. you know it from "law and order." you have the right to remain silent. you have the right to consult an attorney before speaking to the police. if you cannot afford an attorney one will be appointed for you before any questions if you wish. if you decide to answer any questions without an attorney you will still have the right to stop answering. are you willing to answer my questions without an attorney present? it's not always...
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Apr 21, 2013
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mirandaizeing someone per tains to a custodial investigation. if you're going to be using confessions and admissions in that interrogation, subsequently in a court trial, in this instance they probably have a pretty good case. they've made a decision that the public safety now mandates trying to do everything they can to get him to talk to them. now the entire case also will swing towards motivation. what did these people do this for? why did he they do this? what we found as we started looking more into serial bombers and serial killers is that serial bombers are really idealogues. they don't do it for personal gain or not notoriety. they do it for the ideology. >> the cause. quick question. only 15 second. what are the chances that he talks? it seems that the older brother may have been the one that began on this path. what are the chab chances that y actually get this suspect to talk, assuming he lives? >> he may very well talk. theoreric rudolph didn't talk t, but saddam hussein talked to us eventually. this man may very well talk to us. whe
mirandaizeing someone per tains to a custodial investigation. if you're going to be using confessions and admissions in that interrogation, subsequently in a court trial, in this instance they probably have a pretty good case. they've made a decision that the public safety now mandates trying to do everything they can to get him to talk to them. now the entire case also will swing towards motivation. what did these people do this for? why did he they do this? what we found as we started looking...
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people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to question him. >> pete, i got an e-mail using a term of art in law enforcement. somebody said, remember, this is a federal show. >> meaning the fbi is in charge. we have already heard some members of the senate say this person should be declared an enemy combatant, not given miranda warning and should be subject to a military-style interrogation. the obama administration will never go for that. they believe suspects who commit crimes here should be treated in the criminal justice system. that's what they will intend to do. >> michael leiter who was, among othe
people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to...
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May 8, 2013
05/13
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he was read his miranda rights and he has been talking. he will be formally charged. brian, don't go too far away. ariel castro, four counts of kidnapping, amanda berry, gina dejesus, michelle knight, and the child of amanda berry, raping these four women over the twours of ten years. also the other breaking news we're following as well. >>> happening now, two breaking news stories we're following, a guilty verdict in the closely-watched jodi arias murder trial. so what's next? plus, charges in the cleveland kidnapping, but only for one of the three castro brothers. you're going to find out what happens next. >>> i'm wolf blitzer. we want to welcome our viewers from around the united states and around the world. and around the world. you're in "the situation room." -- captions by vitac -- www.vitac.com >>> state of arizona verse jodi ann arias, verdict, count one. we, the jury, dully impaneled and sworn in the above-entitled action upon our oaths find the defendant first-degree murder, guilty. >> so there's the verdict, right there. announced an hour or so ago. jodi a
he was read his miranda rights and he has been talking. he will be formally charged. brian, don't go too far away. ariel castro, four counts of kidnapping, amanda berry, gina dejesus, michelle knight, and the child of amanda berry, raping these four women over the twours of ten years. also the other breaking news we're following as well. >>> happening now, two breaking news stories we're following, a guilty verdict in the closely-watched jodi arias murder trial. so what's next? plus,...
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Apr 20, 2013
04/13
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certainly he will be read his miranda rights. since this was an nbi arrest, he will be read his miranda rights. he doesn't have to ask for a lawyer, he could mamake statements that could later be used against him. you can ask for an attorney or you can make a statement. >> let me jump in here i want to check in with john king. john you're hearing more from -- >> i just want to pass along information from our producer carol credy. two federal law enforcement officials have confirmed to her they have identified the identity. it is the younger brother suspect number two that is in custody. now they say federal officials have verifieded the identity. the official i communicated with said in custody, unspecified medical needs. they are now sweeping the area. >> bryan, what are you seeing. what did you see go down? >> anderson we just observed the scene from a rooftop probably 500-yard away from the backyard area. it had calmed down but we did see some police activity in the backyard. flashlights moving around. a police chopper had ret
certainly he will be read his miranda rights. since this was an nbi arrest, he will be read his miranda rights. he doesn't have to ask for a lawyer, he could mamake statements that could later be used against him. you can ask for an attorney or you can make a statement. >> let me jump in here i want to check in with john king. john you're hearing more from -- >> i just want to pass along information from our producer carol credy. two federal law enforcement officials have confirmed...
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Apr 23, 2013
04/13
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from dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he might end up suffering. from what i've read and what i've seen, he's clearly as culpable as his brother. the videos that they picked up, and the statements that he made to the driver of the suv, all would indicate that he was a willing participant in this crime, and also the fact that he fled from the scene would further indicate his willingness to participate in this crime. however, any influence that he might have suffered from his brother, his brother's influence on him, may again go to mitigate any penalty that might be imposed upon him. whether he ends up getting the death penalty or whether he ends up
from dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he...
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would not be read his miranda rights as part of the fifth amendment public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certain elected officials quickly took to the internet to offer their two cents on how to treat the suspects south carolina senator lindsey graham said quote the last thing we may want to do is read boston suspect miranda rights time to quote remain silent and then a follow up by saying if captured i hope administration will least consider holding the boston suspect as enemy combatant for intelligence gathering purposes some state representatives took the sentiment even further calling actually torture the suspect new york state senator gregg paul wrote sos come bag number two in custody who wouldn't want to use torture on this punk to save more lives. i wouldn't and no one else that actually respects the rule of law and the constitution because guess
would not be read his miranda rights as part of the fifth amendment public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certain elected officials quickly took to the internet to offer their two cents on how to treat the suspects south carolina senator lindsey graham said quote...
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Apr 25, 2013
04/13
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the fact that we're rolling back miranda rights is unconstitutional. why is it when it comes to our civil liberties we're willing to basically brush it all under the rug because we're trying to fight terrorism. he's still an u.s. citizen. >> let me put one thing out there. ana, i agree with you. i think he should have been mirandaizeed right away. it could evidence used against him, now we can't because he didn't get his miranda warnings. number two he could have implicated others, and that's fruit of a pointous poisonous tree. we might not have been able to get those guys at all if he talked before the miranda warning. that said i don't i don't believe in the miranda warning. we have those rights. if there is an argument is to be made. why are we telling them they can be quiet. >> you use the exception in this case. when the judge comes in and he stops talking i'm willing to take the risk that there are other bombs out there if my civil liberties are going to be taken. >> that's not how it works. bombs just blew up last week. that's public safety. tha
the fact that we're rolling back miranda rights is unconstitutional. why is it when it comes to our civil liberties we're willing to basically brush it all under the rug because we're trying to fight terrorism. he's still an u.s. citizen. >> let me put one thing out there. ana, i agree with you. i think he should have been mirandaizeed right away. it could evidence used against him, now we can't because he didn't get his miranda warnings. number two he could have implicated others, and...
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Apr 23, 2013
04/13
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not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in the meantime before you offer miranda rights, get some of america's best interrogators in there and you find out what this guy knows. is he connected to a larger cell? are there pending attacks? are there foreign links? where did the training come from? how did you learn to make the bombs? basic simple questions this we need to know because the safety and security of the american people in this case i think are paramount. >> sean, do you know who gave him his miranda rights? >> i don't know exactly who but we were told he was. >> a federal judge, a magistrate
not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in...
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Apr 22, 2013
04/13
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government has not yet red dzhokhar tsarnaev his miranda rights. we'll discuss when the aclu's mike german joins us just ahead. i've always had to keep my eye on her... but, i didn't always watch out for myself. with so much noise about health care... i tuned it all out. with unitedhealthcare, i get information that matters... my individual health profile. not random statistics. they even reward me for addressing my health risks. so i'm doing fine... but she's still going to give me a heart attack. we're more than 78,000 people looking out for more than 70 million americans. that's health in numbers. unitedhealthcare. and "up to 75% lower copays." as a preferred pharmacy, walgreens can save you as much as 75% compared to other select pharmacies. walgreens, at the corner of happy and healthy. >>> when ruslan tsarni held court with the media on friday, he tried to give a snapshot of his nephews' lives, he also defended his heritage, as well as his newfound homeland. >> i respect this country, i love this country. this country, which gives chance to e
government has not yet red dzhokhar tsarnaev his miranda rights. we'll discuss when the aclu's mike german joins us just ahead. i've always had to keep my eye on her... but, i didn't always watch out for myself. with so much noise about health care... i tuned it all out. with unitedhealthcare, i get information that matters... my individual health profile. not random statistics. they even reward me for addressing my health risks. so i'm doing fine... but she's still going to give me a heart...
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would not be read his miranda rights as part of the fifth amendments public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certain elected officials quickly took to the internet to offer their two cents on how to treat the suspect south carolina senator lindsey graham said quote the last thing we may want to do is read boston suspect miranda rights telling him to quote remain silent and then followed up by saying if captured i hope administration will lease consider holding the boston suspect as enemy combatant for intelligence gathering purposes but some state representatives took the sentiment even further calling to actually torture the suspect new york state senator gregg paul wrote sos scumbag number two in custody who wouldn't want to use torture on this punk to save more lives. i wouldn't and no one else that actually respects the rule of law and the constitution be
would not be read his miranda rights as part of the fifth amendments public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certain elected officials quickly took to the internet to offer their two cents on how to treat the suspect south carolina senator lindsey graham said quote...
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Apr 22, 2013
04/13
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and then on the issue of miranda rights, that's one i'm really worked up on and then guns as well. they got the guns in a way that was not licensed. could we have licensed them or caught them if they had to go through licensing? maybe the nra might be in a lot of trouble because of that, because they just defeated that kind of legislation, and i think they should have gotten mirandized. i don't know what you think about that michael? >> michael: i think absolutely he should have been mirandized and a week ago they decided hey, we're not going to close the gun show loophole and now look what we have got. so cenk we will be watching "the young turks" in a few mn minutes. >> thank you. >> michael: on this earth day we have some encouraging news about the state of our nation's energy supply. last week all of the energy came from solar. that is a first, even better no new dirty energy sources came online. our country's solar capacity has already doubled the amount that went online in 2012. that's a good start. if we're going to embrace clean energy, we'll need an army of scientists to l
and then on the issue of miranda rights, that's one i'm really worked up on and then guns as well. they got the guns in a way that was not licensed. could we have licensed them or caught them if they had to go through licensing? maybe the nra might be in a lot of trouble because of that, because they just defeated that kind of legislation, and i think they should have gotten mirandized. i don't know what you think about that michael? >> michael: i think absolutely he should have been...
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May 1, 2013
05/13
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two days 48 hours in which they can question him without miranda. it looks like that was aborted by a few hours on sunday when an assistant u.s. attorney and a judge arrived at the hospital while fbi agents were there and mirandized dzhokhar. >> so here is the rule. the rule, bill, is if you are arrested without a warrant as he was. he was arrested in a boat. >> bill: right. >> no arrest warrant issued. if you are arrested without a warrant, you need to be presented before a judge who will read you your miranda rights within 48 hours. here is what the government should have done. what they should have done is arrested him without a warrant in the boat, taken him to the hospital and given him the necessary medical treatment. drafted a criminal complaint, charging him with the terrorism crimes that he deserves to be charged with. then, ask a judge to issue an arrest warrant. in other words, rearrest him in the hospital. at that point, the 48 hour clock present him in court that's the 48 hours. >> they could have bought themselves more time. >> absolut
two days 48 hours in which they can question him without miranda. it looks like that was aborted by a few hours on sunday when an assistant u.s. attorney and a judge arrived at the hospital while fbi agents were there and mirandized dzhokhar. >> so here is the rule. the rule, bill, is if you are arrested without a warrant as he was. he was arrested in a boat. >> bill: right. >> no arrest warrant issued. if you are arrested without a warrant, you need to be presented before a...
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Apr 27, 2013
04/13
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talk to me about what more we know about that decision to read those miranda rights to dzhokhar tsarnaev when that happened. >> reporter: good morning, poppy. well we know that congressman rogers certainly wants to know more about the decision leading up to those rights being read because we know the suspect has become a lot less talkative after hearing those miranda rights. certainly he led investigators to look for the laptop, we learned from the suspect about the plans to go to new york but since he was read his rights he's gotten a lot less talkative and congressman rogers has written a letter to eric holder demanding a full accounting of the decision leading up to the initial appearance with the judge including who decided that appearance should take place at that specific place and time during this questioning and whether the department of justice or the fbi expressed any concerns about the timing of this and concerns about the fact that the suspect would now be read his miranda rights. i should tell you the department of justice hasn't yet responded directly to that letter to atto
talk to me about what more we know about that decision to read those miranda rights to dzhokhar tsarnaev when that happened. >> reporter: good morning, poppy. well we know that congressman rogers certainly wants to know more about the decision leading up to those rights being read because we know the suspect has become a lot less talkative after hearing those miranda rights. certainly he led investigators to look for the laptop, we learned from the suspect about the plans to go to new...
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Apr 21, 2013
04/13
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he may have been read his miranda rights by a judge as early as tomorrow. the republican lawmakers, of course, say the public safety exception doesn't go far enough, that he should be treated as an enemy combatant. we do not want this suspect to have the right to remain silent. here is a little bit more about what they said. i'll put this graphic up on the screen. this is from a statement released by those republican lawmakers who say we have concerns limiting this investigation to 48 hours and exclusively relying on the public safety exception of miranda could very well be a national security mistake, they call it. they could severely limit our ability to gather critical information about future attacks from this suspect. alex? >> okay. thank you for that latest from the white house, peter alexander. >>> some staggering numbers associated with the world's biggest marathon and a massive security effort trying to prevent another attack. we have a live report next. >>> and boston strong, some poignant and defiant moments as the city returns to life. [ male an
he may have been read his miranda rights by a judge as early as tomorrow. the republican lawmakers, of course, say the public safety exception doesn't go far enough, that he should be treated as an enemy combatant. we do not want this suspect to have the right to remain silent. here is a little bit more about what they said. i'll put this graphic up on the screen. this is from a statement released by those republican lawmakers who say we have concerns limiting this investigation to 48 hours and...
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Apr 22, 2013
04/13
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authorities decided to withhold reading his miranda rights. as time passes, does the justification for this wear off and in your opinion does the u.s. and investigators stand to regret that? >> they will regret it i think. a, there was never a basis for the public safety exception because when they announced it, the police announced there was no public safety danger. they arrested everybody. didn't think there was a risk to the public. why will they come to regret it? they think the case will be made based on videotapes and civil evidence. there are two elements to every crime. that is the crime itself which they have no problem proving and the intention. now, in order to get the death penalty, they have to prove a terrorist intention. in order to do that, they may get the information from him without having mirandized him and that information may get kept out of a trial. they may have blown the death penalty by not giving him his miranda warnings. >> we talk about public exception, the questioning is limited in scope. do you think there's pot
authorities decided to withhold reading his miranda rights. as time passes, does the justification for this wear off and in your opinion does the u.s. and investigators stand to regret that? >> they will regret it i think. a, there was never a basis for the public safety exception because when they announced it, the police announced there was no public safety danger. they arrested everybody. didn't think there was a risk to the public. why will they come to regret it? they think the case...
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Apr 20, 2013
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but when he is able to you wonder whether or not the miranda situation will change and that is something to look forward to over the coming dayings. >> thousands in boston and millions in the country are relieved that the chapter is closed. but a new story begins as investigators investigate what motivated the two men and how much backing they h. >> i am happy to go to bed tonight and happy my family can go to sleep without worries about acracy terrorist. >> it is a feeling of relief and gladness and happy for all of tholce who are involved. i have a cold, and i took nyquil, but i'm still "stubbed" up. [ male announcer ] truth is, nyquil doesn't unstuff your nose. what? [ male announcer ] it doesn't have a decongestant. no way. [ male announcer ] sorry. alka-seltzer plus fights your worst cold symptoms plus has a fast acting decongestant to relieve your stuffy nose. [ sighs ] thanks! [ male announcer ] you're welcome. that's the cold truth! [ male announcer ] alka-seltzer plus. ♪ oh what a relief it is! ♪ [ male announcer ] to learn more about the cold truth and save $1 visit alka-se
but when he is able to you wonder whether or not the miranda situation will change and that is something to look forward to over the coming dayings. >> thousands in boston and millions in the country are relieved that the chapter is closed. but a new story begins as investigators investigate what motivated the two men and how much backing they h. >> i am happy to go to bed tonight and happy my family can go to sleep without worries about acracy terrorist. >> it is a feeling of...